0334-053
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 334-53
AN ORDINANCE AMENDING ORDINANCE NO. 334, THE
ZONING ORDINANCE OF THE CITY OF SOUTHLAKE,
TEXAS, GRANTING A ZONING CHANGE ON A CERTAIN
TRACT OR TRACTS OF LAND WITHIN THE CITY OF
SOUTHLAKE, TEXAS BEING APPROXIMATELY A 4.0 ACRE
TRACT OF LAND OUT OF A 6.737 ACRE TRACT OF LAND
AND A 2.866 ACRE TRACT OF LAND IN THE A.H.
CHIVERS SURVEY, ABSTRACT NO. 299 AND MORE FULLY
AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM
AGRICULTURAL ZONING DISTRICT USES TO COMMUNITY
SERVICE ZONING DISTRICT USES IN ACCORDANCE WITH
THE EXHIBIT ATTACHED HERETO, WITH THE SPECIFIC
REQUIREMENTS CONTAINED IN THIS ORDINANCE,
CORRECTING THE OFFICIAL ZONING MAP; PRESERVING
ALL OTHER PORTIONS OF THE ZONING ORDINANCE;
PROVIDING A SEVERABILITY CLAUSE; DETERMINING
THAT THE PUBLIC INTEREST, MORALS AND GENERAL
WELFARE DEMAND THE ZONING CHANGES AND
AMENDMENTS HEREIN MADE; PROVIDING A PENALTY NOT
TO EXCEED THE SUM OF TWO THOUSAND ($2000.00)
AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED UPON EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS, AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City instituted a zoning case to amend the
official Zoning District Map of the City of Southlake, Texas, as
required by State Statutes and the Zoning Ordinance of the City of
Southlake, Texas, and all the legal requirements, conditions and
prerequisites have been complied with, the case having come before
the City Council of the City of Southlake, Texas, after all legal
notices, requirements conditions and prerequisites having been
complied with; and,
WHEREAS, the City Council of the City of Southlake, Texas, at
a public hearing called by the City Council did consider the
following factors in making a determination as to whether these
changes should be granted or denied; safety of the motoring public
and the pedestrians using the facilities in the area immediately
surrounding the sites, safety from fire hazards and damages, noise
producing elements and glare of the vehicular and stationary lights
and effect of such lights on established character of the
neighborhood, location, lighting and types of signs and relation of
signs to traffic control and adjacent property, street size and
adequacy of width for traffic reasonably expected to be generated
by the proposed use around the site and in the immediate
neighborhood, adequacy of parking as determined by requirements of
this ordinance for off-street parking facilities, location of
ingress and egress points for parking and off-street loading
spaces, and protection of public health by surfacing on all parking
areas to control dust, effect on the promotion of health and the
general welfare, effect on light and air, the effect on the
over-crowding of the land, the effect on the concentration of
population, the effect on the transportation, water, sewerage,
schools, parks and other public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas, at
a public hearing called by the City Council of the City of
Southlake, Texas did consider the following factors in making a
determination as to whether the requested changes should be granted
or denied, effect on the congestion of the streets, the fire
hazards, panics and other dangers possibly present in the securing
of safety from same, the effect on adequate light and air, the
effect on the transportation water, sewerage, schools, parks and
other public facilities; and,
WHEREAS, the City council of the City of Southlake, Texas,
further considered among other things the character of the
districts and their peculiar suitability for particular uses and
the view to conserve the value of the buildings, encourage the most
appropriate use of the land throughout this City; and,
WHEREAS, the City Council of the City of Southlake, Texas,
does find that there is a public necessity for the zoning changes,
that the public demands them, that the public interest clearly
requires the amendments, that the zoning changes do not
unreasonably invade the rights of those who bought or improved
property with reference to the classification which existed at the
time their original investment was made; and,
WHEREAS, the City Council of the City of Southlake, Texas,
does find that the changes in zoning lessen the congestion in the
streets, helps secure safety from fire, panic, and other dangers,
promotes the health and the general welfare, provides adequate
light and air, prevents the over-crowding of land, avoids undue
concentration of population, facilities the adequate provisions of
transportation, water, sewerage, schools, parks and other public
requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has
determined that there is a necessity and need for the changes in
zoning and has also found and determined that there has been a
change in the conditions of the property surrounding and in close
proximity to the tract or tracts of land requested for a change
since the tract or tracts of land were originally classified and
therefore feels that the respective changes in zoning
classification for the tract or tracts of land are needed, are
called for, and are in the best interest of the public at large,
the citizens of the City of Southlake, Texas, and helps promote the
general health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
Section 1. That Ordinance No. 334, the Zoning Ordinance of
the City of Southlake, Texas, passed on the 19th day of August,
1986, as originally adopted and amended, is hereby amended and
changed in the following particulars and all other existing
Sections, Subsection, Paragraphs, Sentences, Definition, Phrases,
-2-
and Works of said zoning ordinance are not amended, but remain
intact and are hereby ratified, verified and affirmed.
A. That the allowed use of a certain tract or tracts of
land being approximately a 4.0 acre tract of land out of a
6.737 acre tract and a 2.866 acre tract of land out of the
A.H. Chivers Survey, Abstract No. 299 and more fully and
completely described in exhibit "A" from Agricultural
Zoning District uses to Community Service Zoning District
uses in accordance with the exhibit attached hereto, and
incorporated herein, and with the specific requirements
contained in the Ordinance.
Section 2. The City Manager is hereby directed to correct the
official zoning district maps of the City of Southlake, Texas, to
reflect the herein changes in zoning.
Section 3. That in all other respects the use of the tract or
tracts of land herein above described shall be subject to all the
applicable regulations contained in said Zoning Ordinance and all
other applicable and pertinent ordinances for the City of
Southlake, Texas.
Section 4. That the zoning regulations and districts as
herein established have been made in accordance with the
comprehensive plan for the purpose of promoting the health, safety,
morals and the general welfare of the community. They have been
designed, with respect to both present conditions and the
conditions reasonably anticipated to exist in the foreseeable
future, to lessen congestion in the streets, to provide adequate
light and air, to present over-crowding of land, to avoid undue
concentration of population; to facilitate the adequate provisions
of transportation, water, sewerage, drainage and surface water,
parks and other commercial needs and development of the community.
They have been made with reasonable suitability for the particular
uses and with a view of conserving the value of buildings and
encouraging the most appropriate use of land throughout the
community.
Section 5. This ordinance shall be cumulative of all other
ordinances of the City of Southlake, Texas, affecting zoning and
shall not repeal any of the provisions of said ordinances except in
those instances where provisions of those ordinances are in direct
conflict with the provisions of this ordinance.
Section 6. That the terms and provisions of this ordinance
shall be deemed to be severable and that if the validity of the
zoning affecting any portion of the tract or tracts of land
described herein shall be declared to be invalid, the same shall
not affect the validity of the zoning of the balance of said tract
or tracts of land described herein.
Section 7. Any person violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and upon
-3-
conviction thereof shall be fined in a sum not to exceed Two
Thousand Dollars ($2000.00) and a separate offense shall be deemed
committed upon each day during or on which a violation occurs or
continues.
Section 8. The fact that the present zoning ordinance and
regulations of the City are inadequate to properly safeguard the
health, safety, morals, peace and general welfare of the
inhabitants of the City, creates an emergency for the immediate
preservation of the City of the public business, property, health,
safety and general welfare of the public which requires that this
ordinance shall become effective from and after the date of its
final passage, and it is accordingly so ordained.
nn PASSED AND APPROVED on the 1st reading the day of
19 8~ .
PA SED AND APPROVED on the 2nd reading the day of
1989.
J hnny H. e holm, Mayor
City f Southlake
ATTEST:
Sandra L. LeGrand,
City Secretary
APPROVED AS TO FORM:
f
City Attorney jr
Citv of Southlakel
-4-
-,RCEL 2
RETAIL ONE ,
PROPOSED ZONING FROM LIGHT COMMERCIAL TO
PROPERTY DESCRIPTION
4.000 acres of land situated in the A. H. Chivers Survey,
Abstract 299, Tarrant County, Texas, being a portion of 6.737
acres of land conveyed to The Highland Group Joint Venture as
recorded in Volume 8207, Page 1513, Deed Records of Tarrant
County, Texas and 'also being a portion of 2.866 acres of land
conveyed to The Highland Group Joint Venture as recorded in
more County,
Volume 8200, Page 1320and Deed
being Records
said 4.000 acres of
metes and bounds as follows:
BEGINNING at the southeast corner of the aforementioned 6.737
acres of land in Highland Street (County Road #3034);
THENCE N 88° 00' 00" W with said Highland Street, 259.54 feet;
472, 40.
THENCE N 02° 00' 00" E leaving said Highland Street,
46° 14 with
feet to the b lwhose long curve to right
48" aE134.89
25.00 feet an
feet;
38.61through
distancedirection,
29n 36northeasterly
THENCE along le said curve
feet
a central ang
to the end of said curve;
THENCE S 89° 30' 24" E, 408.44 feet;
THENCE S 00° 29' 36" W, 249.05 feet to the north line of a
tract of land conveyed to J. D. Brown as recorded in Volume
3776, Page.287, Deed Records of Tarrant County, Texas;
THENCE N 88° 11' 11" W, along the north line of said Brown
tract 12.61 feet to a 1/2 inch iron rod found at the northwest
cornrer of said 'tract;
.THENCE SOUTH, 2.00 feet to a P.K. Nail in concrete at the
northeast corner Volume 7083, P ge 11808 CoDeede Records .of eTarrant
recorded
County, Texas;
THENCE N 89° 50' 09" W along the north line of said Reisch
tract, 165.22 feet to a 1/2 inch iron rod at the northwest
corner of said Reisch tract in the east line of the f
aforementioned 6.737 acre tract of land; 37 ac THENCE S 02° 26' 55" W along the east s h tract satd23.730 feet
tract and the west line of said Rei in all 251.85 feet to
pass a concrete monument and continuing
the POINT OF BEGINNING and containing 4.000 acres of land.
`}q EXHIBIT "A"
I` 1
Fort Worth Star-Tel( _
,.
400 W.SEVENTH STREET•FORT WORTH TEXAI
DATE DESC
APR 26 6317190 april
THE STATE OF TEXAS CIT57
County of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared ROSAT,TF. RTVERA Secretary for the Fort Worth
Star-Telegram, published by the Capital Cities Communications, Inc. at
Fort Worth, in Tarrant County, Texas; and who, after being duly sworn,
did depose and say that the following clipping of an advertisement was
published in the above named paper on the following dates?
********* 6317190 4/26/89
* CL008 F
SOUTHLAKE TEXAS
* R E N C ORDINANCE NO.334-S3
AN ORDINANCE
AMENDING ORDI-
*
MO NANCE NO. 334, THE
E
* CALL 39 ' OF THE CITNING OYOFSOUTH-
* NG A ZONING CHANGE
********* -7 ON A CERTAIN TRACT
OR TRACTS OF LAND
WITHIN THE CITY OF
SOUTH AKE, TEXAS
Signed t• gEINGAPPROXIMATE
LYA4.OACRETRACTOF
LAND OUT OF A 6.737
Subscribed and sworn to before me, isCth ilgjgril
OF LAND7CRETRACT THE A.H. 9H9.RVEY,AB-
Notary Public ,C,F . 299 AND_. . . , ,v,,,-z. ..__ .eLLY AND ✓rtil.,i3�"" ELY DE-
�y.,' i. SCRIBED IN EXHIBIT exas.
t +a1* pit?e EVELYN W. FLETCHER r A' FROM AGRICUL ,.
p I TURAL ZONING DIS-
JL Notary Public TRICTUSESTOCOMMU-
NITY SERVICE ZONING
^'C STATE OF TEXAS DISTRICT USES IN AC
CORDANCE WITH THE
1 �44.9i1* MyComm.Ex HERETO W�HCTHE
p Sep.30,1892 ., SPECIFIC REQUIRE-
' ' w � � - '• �^tt:-<, �-:r. .. MENTS CONTAINED IN
THIS ORDINANCE COR-
CIACL IZONING MAP;
) PRESERVING ALL
•
CURRENTti-Zif:(1.-1r
CURRENT ST OTHER PORTIONSOF OUNT NUMBER
THE ZONING ORDI-
g NANCE;PROVIDING A
SEVERABILITY
ON RECPT 4/26 — Nc1HA`r°HEPue�c IT57
INTEREST, MORALS
IF YOU HAVE QUESTIONS REGARDING YOUR ACCOUNT,PLEASE CONTACT OUR CUSTOMER SERVICE DEPART AND GENERAL TH
FARE DEMAND THE O ASSIST
• A •eT _ •TI I P• T \ • _ ue u . _ AME
FY• • PA • A PAY T • P • :• ND SAND
• AMENDMEENTSNTS •S 76199.
HEREIN MADE; PRO-
TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR VIDING A PENALTY
NOT TO EXCEED THE
SUM OF TWO THOU-
SAND (S2000.00) AND A
SEPARATE OFFENSE
SHALL BE DEEMED
ADVERTIS COMMITTED UPON
EACH DAY DURING OR
rortWorth ONWHICHAVIDLATIDN
REMIT TO: , P.O. BO? °vcUAiJ EFDFECOTVVE TEXAS 76199
DATE. pp
6317190 ACCOUNT Pead ondhel8thOavofAprlld
NUMBER CIT57 CPT
1989
Johnny H.Westerholm
Mayor of Southlake
PAGE 1 OF ATTEST:
Sandra L.LeGrand
City Secretary
Apprllen ovedT to form:
E. or
City Attorney
CITY OF SOUTHLAKE ORIGINAL
667 N CARROLL PLEASE PAY 26 . 25
SOUTHLAKE TX 76092 0 THIS AMOUNT
ATTN : SANDRA LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED
Fort Worth Star-Tele .
400 W,SEVENTH STREET•FORT WORTH TEXAS -
DATE 1 DESCR
APR 08 6308179 april 8
THE STATE OF TEXAS CIT57
County of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared ROSAT,TF RTVFRA Secretary for the Fort Worth
Star-Telegram, published by the Capital Cities Communications, Inc. at
Fort Worth, in Tarrant County, Texas; and who, after being duly sworn,
did depose and say that the following clipping of an advertisement was
published in the above named paper on the following dates:
********** NOTICE OF NANCE;PROVIDING A
6308179 4/08 PUBLIC HEARING SEVERABILDETERMIN
Notice is hereby given to all lr CLAUSE
* terested persons that the Clt, ING THA4 THE PUBLIC
CL008 Councllo theCltvof5outhlak�e� INTEREST MORALS
* RE C O N C I Texas,isholdingapubllcheari AND GEN�RAL MTHE
Ing during the regular CIt, FARE DEMAND
* M 0 N Council Meetin to be held oi; ZONING CHANGESAND
* CALL 390 April 18,1989at7:30p.m.Inth4 AMENDMMADSE pRo•
City Council Chambers of Clh HEREIN PEnALTY
Hall 667NorthCarrollAvenue, VIDITD EXCEED THE
* Southiake,Texas. NOT OF TWO THOU-
AND A
********** Purpose for the hearing Is to SUM OF
t12000.
I O�FENSE
consider the second reading of SEPARA DEEMED
the following ordinance: SHALL ITTED UPON
Signed COMM
CITY OF EACH DAY DURINTION
SOUTHLAKE TEXAS ON WHICH AVIOLA
Subscribed and sworn to before me ORDINANCENO334-53 j OCCURS EFFE�1V _
AN ORDINANCE ING A�
AMENDING ORDI- DATE. Iake
ZON NG NO.ORDINANCE ,CRY ofL�rand
Notary OF THE CITY OF SOUTH- —OW SUM""
ar LAKE,TEXAS,GRANT- 7rant County, Texas.
ING A ZONING CHANGEp111 Pdlt, EVELYN W. FLFTCHER ON A ACTS OFIN T LAND
s `i+ NOt2.1 Public WITHIN THE CITY OF
�I SOUTHLAKE TEXAS
: 1,9r \C st STATE OF TEXAS LYA40ACRETRACCTOF
LAND OUT OF A 6.737
t •B t?� MY Comm.ExP•SeP• '1�A` ACRE A s 866FALAND
R E
TRACT OF LAND IN THE
A.H.CHIVERSSURVEY
• ABSTRACT NO.299 AND
MORE FULLY AND
COMPLETELY DE-
SCRIBED IN EXHIBIT
CURRENT C//`'l/ /�'�-' AGRICUL-
TURAL FROM - T PERIOD ACCOUNT NUMBER
TRICTUSESTOCOMMU-
1 NNITY SERVICE ZONING
ON RECPT CORDANCESWITH THE i/08 CIT57
EXHIBIT ATTACHED
HERETO WITH THE
O IF YOU HAVE QUESTIONS REGARDING YOUR ACCOUNT,PLEASE CONTACTOUR CUSTOMER S. SPECIFIC REQUIRE- T(817)390-7761.TO ASSIST
MENTS CONTAINED IN
US IN AN ACCURATE AND TIMELY POSTING OF YOUR PAYMENTS,PLEASE MAIL ALL PAYMEN THEISORDINANCE COR- ORT WORTH,TEXAS 76199.
LT ZONING MAPS;
��TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTIt ESERVING ALL ENT "L
HER PORTIONS OF
THE ZONING ORDI-
/- STATEMENT
Fort Worth Star-Telegram REMIT TO: 0. P.O. BOX 99074 • FORT WORTH, TEXAS 76199
6308179 ACCOUNT CIT57 PAYMENT ON RECPT
NUMBER DUE DATE
PAGE DF
CITY OF SOUTHLAKE ORIGINAL
667 N CARROLL PLEASE PAY 46 . 48
SOUTHLAKE TX 76092 0 THIS AMOUNT
ATTN : SANDRA LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED